The Center for Immigration Studies (CIS), an organization focused on immigration issues, recently provided a comprehensive critique and set of recommendations regarding the Department of Homeland Security's (DHS) proposed changes to the H-1B visa program regulations. This critique was officially submitted as a public comment to emphasize the need for strengthening the proposal.

CIS raised concerns about certain elements of the DHS’s proposed rule, arguing that they potentially facilitate easier avenues for fraud and abuse within the H-1B visa program, which is designed for individuals in specialty occupations. The organization highlighted that the current proposals do not sufficiently safeguard the interests of both U.S. and international workers, as reported by VisaGuide.World.

One key issue CIS pointed out is the inclusion of unauthorized provisions in the DHS proposal. These provisions, if implemented, could enable employers who are not eligible for cap-exempt workers to manipulate the system. Additionally, CIS is concerned about the potential for certain F-1 nonimmigrant visa holders (students) to automatically extend their stay and employment in the U.S. post-graduation, which CIS views as a direct contravention of existing laws.

Furthermore, CIS suggests a revision of the regulatory definition of “specialty occupation” to ensure it aligns with congressional requirements. They also propose that employers be required to prove their financial ability to pay both current and prospective workers before the U.S. Citizenship and Immigration Services (USCIS) approves an H-1B petition.

In an attempt to refine the Person in Specialty Occupation program, CIS recommends that the USCIS prioritize H-1B registrations offering the highest salaries in scenarios where demand exceeds the annual cap, rather than resorting to a random lottery system. This approach, according to CIS, would incentivize employers to offer more competitive wages or to apply for positions that demand higher skills and thus correspond to higher wage levels, thereby increasing their chances of selection.

CIS asserts that such a policy shift would deter the misuse of the H-1B program to fill lower-paid, less skilled positions. This practice, they argue, has enabled companies to replace or undermine U.S. workers and pay H-1B beneficiaries unfairly low wages.

Additionally, CIS urges the Biden administration to revoke policies that limit DHS officers from detecting immigration and labor violations in various U.S. regions. They emphasize that without decisive actions to discourage malpractices, including robust enforcement measures, the H-1B program remains susceptible to fraud and abuse, potentially disadvantaging U.S. workers who compete with or work alongside H-1B beneficiaries.

This comprehensive stance from CIS comes in the wake of the DHS’s October announcement regarding the Notice of Proposed Rulemaking (NPRM). This NPRM aims to modernize the H-1B temporary work visa program. As published by the USCIS, the proposed changes include streamlining eligibility criteria, enhancing program efficiency, fortifying integrity measures, and offering greater benefits and flexibility to both employers and workers.

Conclusion

In summary, the H-1B visa program is evolving, with a focus on strengthening regulations, ensuring program integrity, and enhancing opportunities for skilled workers. These changes, though challenging, offer a pathway towards a more efficient and equitable immigration system, benefiting both U.S. employers and foreign professionals.

FAQs

What defines a 'specialty occupation' under the H-1B visa program?

Specialty occupations typically require a bachelor's degree or higher in a specific field. These roles demand specialized knowledge, often in areas like IT, engineering, or finance.

How has the H-1B visa lottery selection process changed?

Recent proposals suggest redefining the lottery-selection process to prioritize petitions offering higher wages, instead of a random selection